"Delhi Police Charge Sheeted Him In A Casual Manner": Court Acquits Man For Lack Of Evidence In Delhi Riots Case

A Delhi Court has acquitted a man namely Rohit in a case registered in connection with 2020 riots for lack of evidence observing that the city police chargesheeted him in a 'casual manner'.

Additional Sessions Judge Pulastya Pramachala acquitted Rohit against whom charges were framed in August last year under sec. 143, 147, 148, 427, 454, 380, 435, 436 and 149 of Indian Penal Code.

The case was registered on the basis of a complainant Usman Ali alleging that a riotous mob had come to vandalize his shop, open the shutter of his chicken dhaba, looted various articles and thereafter removed some of the articles lying outside the shop and set them on fire.

During investigation in the said FIR, a written complaint was received from one Haseen Bobby, wherein she stated that a riotous mob after breaking open the locks of her house, committed vandalism and theft of various articles.

Furthermore, on the same day, another written complaint was received from one Mohd. Zafar, regarding putting his shop on fire by the riotous mob. The two subsequent complaints were also clubbed with the FIR.

Rohit was alleged to be part of the unlawful assembly, which was behind all these three incidents.

Noting that it was incumbent upon the prosecution to show the locations of all the three places with clarity and consistency in the site plan, the Court was of the view that the same was not done by the investigating officers.

"Two of these site plans were prepared by ASI Sushil and one was prepared by SI Satyadev, but they did not coordinate with each other, so as to present a site plan with clarity. In fact, ASI Sushil prepared two site plans giving two different pictures of that locality. This situation does not help the prosecution to establish its contention regarding all three incidents taking place in the same vicinity by the same mob," the Court said.

The Court observed that there was no evidence at all, be it ocular or other evidence, to establish that Rohit was member of the mob or unlawful assembly, which vandalized the properties of the complainants.

"My foregoing discussion and observations make it amply clear that police did not find the culprits behind three specific instances of rioting etc. as covered in this case," the Court observed.

It added "Thus, in my opinion, the incidents reported and taken up for investigation in this case, were not actually solved. Police charge sheeted accused Rohit in this case in a casual manner. It is a formality only to declare that prosecution has miserably failed to prove its case herein."

Accordingly, Rohit was acquitted of all charges.

Case Title: State v. Rohit

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